New Patent Subject-Matter Eligibility Test Hurts US Competitiveness

Washington, D.C. partner Bob Stoll recently published an article in the The Hill titled, “New Patent Subject-Matter Eligibility Test Hurts US Competitiveness.” The article discusses the deterioration of the United States’ position as the world leader in providing patent protection for new emerging technologies. Bob also argues that poorly considered, often misapplied Supreme Court decisions impose more stringent criteria on biotech and software companies than in China and the European Union.

Bob discusses the case of Mayo v. Prometheus, in which the Supreme Court ignored “decades of precedent and created a new ‘two-prong test’ to establish patent subject-matter eligibility.” This is just one example of why American Industries are feeling the impact of what Bob describes as “an erosion in patent eligibility.”